Letter of Shri KML Asthana to LIC Chairman

B-8, Shanti Nagar,

Ajmer Road,

Jaipur-302006

Ph: 098285 38725

Asthana_jaipur@yahoo.com

November 20, 2012

SPEED POST AD

To,

The Chairman,

L.I.C. of India,

Central Office,

Yogakshema,

Jeevan Bima Marg,

Mumbai-400 021

Respected Sir,

Sub:    Order dated 17/10/2012 of the Hon’ble Supreme Court of India in the SLP LIC Vs. Krishna Murari Lal Asthana and others

                                                ***

            In connection with the order of the Hon’ble Supreme Court dated 17/10/2012 passed in the SLP entitled Life Insurance Corporation of India Vs. Krishna Murari Lal Asthana and others I am to submit to your respected honour that the said order has been passed in the matter of Revision of Pensions and not in the matter of DA/DR neutralization. 

            It is not out of place to mention that the Contempt petition No. 760/2010 entitled Krishna Murari Lal Asthana vs. Shri D.K. Mehrotra and others was filed in the Rajasthan High Court in S.B. Civil Writ Petition No. 654 of 2007 which is exclusively on the subject of Revision of pensions as and when the pay scales are revised by fixing the pensioner at the same stage on which he was borne at the time of his retirement and as has directed by the Hon’ble Rajasthan High Court.  As per this judgment the Pensions are required to be revised on stage to stage basis on the respective dates of revisions of pensions. 

            Since the retiral benefits, as have been directed by the Hon’ble Supreme Court in its order dated 17/10/2012, relates to the retiral benefits, it means that the revisions of pensions are to be affected on all the dates whenever pay scales are revised after the date of retirement of an employee and from the date of retirement.

            Sir, in order to cut short the litigation and toils of the poor pensioners in this old age as also further complications it is requested that the order of the Hon’ble Supreme Court is correctly appreciated and not like the earlier one and correct amount is deposited with calculation charts in the Hon’ble Rajasthan High Court.

            This is submitted for your kind consideration without prejudice to our rights.

Yours faithfully,

(K.M.L. Asthana)

Note : Similar Letters are also written to the Managing Director and The Executive Director (P),

SC Order Dt. 17-10-2012

ITEM NO.3               COURT NO.4             SECTION XV


            S U P R E M E   C O U R T   O F   I N D I A
                         RECORD OF PROCEEDINGS

IA No.3 In Petition(s) for Special  Leave  to  Appeal  (Civil)  No(s).29956-
29957/2011

L.I.C.                                            Petitioner(s)

                 VERSUS

KRISHNA MURARI LAL ASTHANA & ORS. ETC.            Respondent(s)

(With appln(s) for clarification and office report)

Date: 17/10/2012  This I.A. was called on for hearing today.

CORAM :
        HON'BLE MR. JUSTICE G.S. SINGHVI
        HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA

For Petitioner(s)       Dr.A.M.Singhvi, Sr.Adv.
                        Mr.Parag P.Tripathy, Sr.Adv.
                     Mr. Ashok Panigrahi, Adv.
                        Mr.Surajit Bhaduri, Adv.

For Respondent(s)/      Mr.Amarendra Sharan, Sr.Adv.
Applicant               Mr.R.K.Singh, Adv.
                        Mr.Kumar Gaurav, Adv.
                     Mr. Rameshwar Prasad Goyal, Adv.

                        Mr.Aakash D.Pratap, Adv.
                        Ms.Vimla Sinha, Adv.
                        Ms.Sushma Suri, A.O.R.

           UPON hearing counsel the Court made the following
                               O R D E R

I.A.No.3 of 2012 In SLP(C)No.29957 of 2011

            This is an application by the respondent  for  clarification  of
order dated 14.11.2011.
            We have heard Shri Amarendra Sharan, learned senior counsel  for
the applicant and  Dr.A.M.Singhvi,  learned  senior  counsel  for  the  SLP-
petitioner and are  satisfied  that  order  dated  14.11.2011  needs  to  be
clarified so that neither party  may  remain  under  a  mistaken  impression
about the purport of this Court's order.
            In view of the above, paragraph 3 of order dated  14.11.2011  is
substituted with the following:
                 "In the meanwhile, the proceedings pending before the High
           Court under the Contempt of Courts Act, 1971 shall remain stayed
           subject to the condition that within eight weeks from today, the
           petitioner shall deposit in the Registry of the High  Court  the
           amount due to the pensioners  i.e.  the  writ  petitioners  with
           effect  from  the  date  of  their  eligibiity  to  get  retiral
           benefits."

            I.A. No.3 of 2012 is disposed of in the manner indicated above.
            As a sequel to disposal of I.A.No.3 of 2012,  I.A.No.4  of  2012
in I.A.No.3 of 2012 in SLP(C)No.29957 of 2011 is also disposed of.


    (Satish K.Yadav)                              (Phoolan Wati Arora)
      Court Master                                    Court Master